In re Zimmer
New York Supreme Court
Appeal by Rudolph Zimmer from an order of the Special Term in Erie, denying a motion made by him to supersede the committee appointed herein. The proceedings in which the committee was appointed were had in the County Court of Erie, and Avere commenced on the' twentieth of December, 1866. The committee Avas appointed on the twenty-first of January, 1867, and immediately entered upon the discharge of his duties.
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Appeal by Rudolph Zimmer from an order of the Special Term in Erie, denying a motion made by him to supersede the committee appointed herein. The proceedings in which the committee was appointed were had in the County Court of Erie, and Avere commenced on the' twentieth of December, 1866. The committee Avas appointed on the twenty-first of January, 1867, and immediately entered upon the discharge of his duties. In September, 1876, the said Rudolph Zimmer presented his petition to the County Court, verified on the twenty-first of August, 1876, in which he set forth the then appointment of said…
1Opinion of the Court
Smith, J.:
The counsel for the appellant insists that the committee should be superseded, not only upon the ground that the petitioner is now sane and capable of managing his affairs, but also upon the ground that the proceedings in which the committee was appointed were void for want of jurisdiction, and that the inquisition of the jury was procured by methods which were a fraud upon the court.
The point, as to the lack of jurisdiction, rests upon certain alleged defects in the petition and accompanying affidavits by which the proceedings were instituted. The alleged defects are (1), that…
2Cases cited2 opinions
- In re MorganNew York Court of Chancery · 1838
- In re MasonNew York Court of Chancery · 1840